8.  The applicants in application no. 29381/09 live together as a couple in Athens. In the case of application no. 32684/09, the first and second applicants and the third and fourth applicants have lived together for a long time as couples in Athens. The fifth and sixth applicants are in a relationship together but for professional and social reasons do not live together. As shown by their bank statements, the sixth applicant pays the fifth applicant’s social security contributions. The seventh applicant is a not‑for-profit association the aims of which include providing psychological and moral support to gays and lesbians.
9.  On 26 November 2008 Law no. 3719/2008, entitled “Reforms concerning the family, children and society”, came into force. It made provision for the first time in Greece for an official form of partnership other than marriage, known as “civil unions” (σύμφωνο συμβίωσης). Under section 1 of the Law, such unions can be entered into only by two adults of different sex.
10.  According to the explanatory report on Law no. 3719/2008, the introduction of civil unions reflected a social reality, namely cohabitation outside marriage, and allowed the persons concerned to register their relationship within a more flexible legal framework than that provided by marriage. The report added that the number of children born in Greece to unmarried couples living in de facto partnerships had increased over time and by then represented around 5% of all children being born in the country. It further noted that the position of women left without any support after a long period of cohabitation, and the phenomenon of single-parent families generally, were major issues which called for a legislative response. However, the report pointed out that the status of religious marriage remained unparalleled and, alongside civil marriage, represented the best option for couples wishing to found a family with a maximum of legal, financial and social safeguards. The report also made reference to Article 8 of the Convention, which protected non-marital unions from the standpoint of the right to private and family life, and observed that a number of European countries afforded legal recognition to some form of registered partnership for different-sex or same-sex couples. Without elaborating further, it noted that civil unions were reserved for different-sex adults. It concluded that they represented a new form of partnership and not a kind of “flexible marriage”. The report considered that the institution of marriage would not be weakened by the new legislation, as it was governed by a different set of rules.
11.  A lively debate preceded the implementation of Law no. 3719/2008. The Church of Greece spoke out officially against it. In a press release issued on 17 March 2008 by the Holy Synod, it described civil unions as “prostitution”. The Minister of Justice, meanwhile, addressed the competent parliamentary commission in the following terms:
“... We believe that we should not go any further. Same-sex couples should not be included. We are convinced that the demands and requirements of Greek society do not justify going beyond this point. In its law-making role, the ruling political party is accountable to the people of Greece. It has its own convictions and has debated this issue; I believe this is the way forward.”
12.  The National Human Rights Commission, in its observations of 14 July 2008 on the bill, referred in particular to the concept of family life, the content of which was not static but evolved in line with social mores (see paragraphs 21-24 below).
13.  On 4 November 2008 the Scientific Council (Επιστημονικό Συμβούλιο) of Parliament, a consultative body reporting to the Speaker of Parliament, prepared a report on the bill. It observed in particular, referring to the Court’s case-law, that the protection of sexual orientation came within the scope of Article 14 of the Convention and that the notion of the “family” was not confined solely to the relationships between individuals within the institution of marriage but, more generally, could encompass other ties outside marriage which amounted de facto to family life (page 2 of the report).
14.  During the parliamentary debate on 11 November 2008 on the subject of civil unions the Minister of Justice merely stated that “society today [was] not yet ready to accept cohabitation between same-sex couples”. Several speakers stressed that Greece would be violating its international obligations and, in particular, Articles 8 and 14 of the Convention by excluding same-sex couples.
15.  On 27 September 2010 the National Human Rights Commission wrote to the Minister of Justice reiterating its position as to the discriminatory nature of Law no. 3719/2008. In its letter, the Commission recommended drafting legislation extending the scope of civil unions to include same-sex couples.